Sub: Eligibility
of children from a void or voidable marriage for family pension - clarification
regarding.

The undersigned is directed to
refer to this Department's O.M. No.1/16/96-P&PW (E), dated 2.12.1996
whereby it was clarified that Pensionary benefits will be granted to children
of a deceased Government servant/pensioner from void or voidable marriages when
their turn comes in accordance with Rule 54(8). It is mentioned in Para 4 of
the O.M. that "It may be noted that they will have no claim whatsoever to
receive family pension as long as the legally wedded wife is the recipient of
the same."

2. The matter has been
re-examined in consultation with the Ministry of Law and Justice (Department of
Legal Affairs) and Ministry of Finance (Department of Expenditure). It has been
decided that in supersession of Para 4 of the O.M., ibid, dated 2.12.1996, the
share of children from illegally wedded wife in the family pension shall be
payable to them in the manner given under sub-rule 7 (c) of Rule 54 of CCS
(Pension) Rules, 1972, along with the legally wedded wife.

3. It has also been decided that
in past cases, no recovery from the previous beneficiary should be made. On
receipt of an application from eligible child/children of the deceased
Government employee/pensioner born to an ineligible mother, a decision
regarding division or otherwise of family pension may be taken by the
competent authority after satisfying himself/herself about veracity of
facts and entitlement of the applicant (s).

4. As regards pensioners/family
pensioners belonging to the Indian Audit and Accounts Departments, these Orders
issue after consultation with the Comptroller and Auditor General of India. . .

5. This issues with the
concurrence of Department of Legal Affairs vide their FTS No. 3036, dated
17.10.2012.

6. This issues with the
'concurrence of Ministry of Finance, Department of Expenditure vide their I.D.
No.530/E.V/2012, dated 23.11.2012.

CONFEDERATION OF CENTRAL
GOVERNMENT EMPLOYEES & WORKERS HAD SERVED STRIKE NOTICE TO THE CABINET
SECRETARY ON 19.11.2012 FOR THE 12th DECEMBER 2012 ALL INDIA STRIKE. NFPE
AND ITS AFFILIATED UNIONS INCLUDING NEWLY FORMED GDS UNION (AIPEU-GDS NFPE) HAD
ALSO SERVED STRIKE NOTICE TO SECRETARY, DEPARTMENT OF POSTS ON 19th. ALL
INDIA POSTAL CASUAL, PART TIME, CONTINGENT & CONTRACT WORKERS FEDERATION
HAD ALSO SERVED SEPARATE STRIKE NOTICE TO SECRETARY, DEPARTMENT OF POSTS =
M. KRISHNAN, SECRETARY GENERAL, NFPE.

As you are aware the South Zone
Study Camp of NFPE was held successfully at Chennai. The next camp for Central
Zone will be organised at Sanchi, Vidisha Division (Madhya Pradesh) on 19th and
20th January 2013. Delegates from all affiliates of NFPE fromMaharashtra,
Gujarat, Madhya Pradesh, Chattisgarh, Bihar and Jharkhand Circles shall
participate in the Central Zone Study Camp. TheREVISED NUMBER of delegates
allotted to each Circle Union is furnished below.

Circle

P3

P4

R3

R4

GDS

Admn.

Postal

A/C

SCBO

Civil

Casual

Labour

Total

Maharashtra

20

20

8

4

5

1

1

1

1

1

62

Gujarat

12

12

6

4

5

1

1

1

-

1

43

Madhya Pradesh

22

22

10

5

10

1

1

1

-

1

73

Chattisgarh

8

8

2

1

4

1

1

1

-

1

27

Bihar

10

10

5

3

5

1

1

1

-

1

37

Jharkhand

8

8

2

2

4

1

1

1

2

29

Total

80

80

33

19

33

6

6

6

1

7

271

In addition all General Secretaries
of the above unions shall attend the camp compulsorily.

Circle Secretaries are requested
to select the delegates of their union immediately and instruct them to book
the up and down tickets without any further delay. They should reach the camp
(Sanchi) before 8.30 AM on 19-01-2013. They can leave the camp only after 6 PM
on 20-01-2013. Maximum lady comrades may also be included as delegates.

The names of the delegates
attending the camp should be intimated to the respective General Secretaries before
31-12-2012. Delegate fee per head is Rs.600/- (Rs. Six hundred only).

Programme notice will be sent
separately.

All General Secretaries are
requested to instruct their Circle Secretaries suitably to take immediate
follow up action.

1. Filling up the Posts of APM Accounts & Promotional avenue to
Accounts line officials.

The APM Accounts Posts in LSG
& HSG.II have been filled up among the PO & RMS Accountant’s
qualified officials as per Selection Grade Recruitment Rules 1976. The
PO & RMS Accountant’s seniority list has been drafdted as per the date of
qualifying the Accountant’s exam and the same is considered for LSG promotion
under Accounts line. The statutory Recruitment Rules of 1976 and the
Rules 276 & 277 of volume IV dealing these issues remain unchanged.

While clarifying the postings
after the introduction of FTP exam vide department letter No.137/10/96-SPB.II
dated 28.1.2003, it was mentioned that the officials promoted to LSG either
on general line or FTP having Accounts qualifi8cation may be considered for
APM Accounts post. This has created a bundle of contradictions and the
separate line of promotion to LSG APM Accounts has been disturbed and not
carried out thereafter.

(i)
Now in many Circles, against to the
spirit of the recruitment rules 1976 and also volume IV statutory rules,
unqualified officials have been posted as APM Accounts in HSG.II cadre and
thus defeated the very purpose of existence of such qualified posts.

(ii)
The CAT Chennai in OA No.201/2006 in case of Sri P. Ramadoss Vs the CPMG
Tamil nadu held that the separate identity of APM Accounts cadre and directed
to conduct the DPC for Accounts line without any procrastination based on the
Recruitment Rules dated 13.9.1976 and issue necessary promotion orders to the
eligible PO & RMS Accounts line officials within a period of four weeks.

(iii)
The following may please be considered to overcome the present injustice
caused to the cadre:

(i)
The year of qualifying the PO & RMS Accountant exam should be the
yardstick for promotion to LSG APM Accounts. It cannot be modified
without amending the rules contained in Volume-IV.

(ii)
During the upgradation of 1622 HSG.II posts, many posts of APM Accounts were
upgraded to HSG.II. Resultantly, there is a dearth ofLSG APM Acounts
posts for promotion in feeder cadre. Hence, it is requested to restore
the LSG position for APM Accounts to the extent of 50% of total posts in
Accounts cadre by upgrading the general line posts to HSG.II.

(iii)
Reserve 20% of the total establishment in HSG.I promotion for providing
promotion to the PO & RMS qualified HSG.II APM Accounts.

(iv)
If the above proposal is considered, the present crisis will be over and it
may also be ensured by providing qualified hands to position the APM Accounts
posts in all places which will improve the efficiency in the prime accounting
functions at the base levels.

The training allowance as if
granted to instructors working in Postal Training Centre has not been granted
to the instructors posted in WCTC centers functioning at regional
headquarters even through their nature of duties are similar to that of the
instructors working in the training centers. This is a clear discrimination
between the two equals.

The reason for non grant of
such allowance is stated to be non issue of orders so far from the
Directorate for grant of training allowance to them. It is requested to
kindly consider the same.

After declaring the Postmaster
cadre as a separate cadre and did not allow the Postmaster Grade-I officials
to appear Group B and IP examination because of the separate hierarchical
cadre, allowing 75% posts of the senor Postmaster for IP line is
deplorable. After carving out a separate cadre from LSG and IP line and
formed a separate cadre, the provision of 75% for IPline officials to become
Postmaster cadre as Senior Postmaster is against the spirit of the DOPT
guidelines. There should not be two channel of promotions to IP cadre
when it was denied to Postmaster opted officials to appear for the Group B
exam and IP exam. Necessary decision may please be taken.

2.

All India RMS & MMS Employees Union Group ‘C’.

1. Fixation of Norms for CRCs, EPP, Logstic and SPCs ETC. The
productivity norms for CRC were fixed as 900 articles per 8 hour duty or 120
RLs per hour based on the Work Study. The Staff Side have not accepted these
productivity norms as it is impossible for the staff to give this output as
80% of work has to be doe manually and more than 50% are received without bar
coding under R. Net System. More over increasing output on TBOP/BCR promotion
was against the agreed norms. The question of higher productivity of 5% and
1% required on account of TBOP/BCR was against the agreed norms during of
higher productivity 19991, 6% operative staff strength and 20% supervisory
posts were abolished D.G. Posts vide letter No .DG P&T No.31-28/83-PE-I
dated 17-12-1983 has envisaged that the posts in operative and supervisory
cadres will continue to be sanctioned on the basis of present norms i.e. as
per Maratha Time Test.

In view of the JCM agreements
the productivity norms of 900 articles per 8 hours prescribed by the
Department is arbitrary. We would therefore, urge upon the Department to
refix the norms which is feasible in consultation with the Staff Side.

2. Stop privatisation /out sourcing. Reports have been
received from various circles that indiscriminate closer/merger and abolition
of RMS sets/Sections, MMS Schedules engagement of outsiders etc. are being
carried out without following any norms and diverting the respective services
to private service providers. All these ongoing processes would render staff
surplus. We would therefore, urge upon the Department of Posts to engage
Postal/RMS/MMS staff for all activities of Postal services.

3. Provide adequate Motor Vehicles for conveyance of mails/logistics
etc. and fill up vacant posts in MMS: Provide adequate Motor Vehicle
for conveyance of mails/logistics. Replace all condemned vehicles, impart
sufficient computer training to the technical staff to deal with modern power
vehicles, insure MMS Vehicles, finalize Recruitment Rules, Artisans in MM”S
which are lying vacant since long.

3.

All India Postal Employees Union Postmen & MSE/

Group ‘D’

1. Bottle necks for efficient Delivery: Number of articles,
both registered ands ordinary mail, to be delivered and maximum length of
beat to be covered during duty hours of a postman has not yet been decided.
This need to be fixed . Moreover it is generally seen that there is no
depository system available in delivery post office causing difficulty and
hardship for disposal of undelivered mail on return to post office on some
occasion the mail entrusted to postman is unmanageable during duty hours. The
depository system needs to be maintained for the safety and security of mail.
The other hurdle is non-adoption of Scientific measurement of Postmen beats:
This issue has been taken many times but no scientific measurement is carried
out. Measurement is generally done on paper and the postmen staff suffers a
lot when these beats are not actually measured. Moreover no representative is
detailed from postmen side to help in accessing the actual length of beats.
It would be appreciated if Circles are directed to purchase one MELIO
METER/DISTANCE WATCH METER for each division for correct measurement of beats
giving time schedule fore completion ands compliance by target date.

2. Grant of incentive for delivery of Adhar Cards: As it has been
informed on many occasions that postmen is already reeling under overburdened
work and the postmen staff is not in a position to deliver the mail entrusted
to him within duty hours. Instead after beyond duty hours, on many occasions
the mail remains undelivered despite their best efforts. Now one more bolt
from the blue in the shape of ADHAR CARDS is causing more tension since the
number of Adhar Cards received are increasing day by day and multiply
the overloaded work already held with them. It is therefore requested t grant
Rs 2/- per card as incentive for delivery of the Cards so that they could
deliver for late hours beyond their working hours convenient to them.

3. Timely Payment of individual Claims. There is
general complaint for abnormal delay in payment of individual claim
like-Medical Re-imbursement bill, OTA, Speed Post delivery incentive bills,
TA bills and Double Duty Bill etc. Timely preparation of bills needs to be
insisted upon. Sufficient fund should be made available to avoid delay in
payment of individual claims.

4.

All IndiaRMS & MMS Employees Union, Mail guards & /MTS

1. Supply of shoe instead of chappals to the staff who are eligible
for uniform.

Recently the colour of uniform
cloth supplied to eligible staff has been changed . But the footwear is not
changed (particularly in south) though shoe is supplied to the staff in some
circles (in north ) the othercircles still get only chapplas which do not go
with the new uniform. Therefore, kindly to supply shoe to all the staff that
are hitherto supplied with chappals so that their uniform and footwear
together present a neat and diginified appearance to our staff.

2. Request for imparting training to non-matriculate Group D Canteen
employees in Assam and Delhi Circles.

The Non-Matriculate Group D
employees Canteen staff cadre on or after 1.1.2006 but before the
implementation of 6th CPC pay scales are being denied 1800/- GP from
1.1.2006 for the duration of their Group D employment on the grounds that
they were not being imparted with the required training. No action is also
being taken in such cases to impart the same training as like other non-matriculate
Group D staff.

Up gradation of pay of Canteen
staff from 1300/- GP to 1800/- GP Assam and Delhi Circles necessary
qualifying training was completed of those staff for up gradation of pay but
no action taken by authorities as yet whereas there is standing
instructions of Directorate that completion of training up gradation must be
effected within (6) months. This Union request revision of pay scale of Rs
4440-7440 with Grade Pay of Rs 1300/- to Rs 5200-20200 with Grade pay of Rs
1800/- since the pay band 1S is going to be abolished in future.

Our union requests your kind
intervention to cause to issue instructions to arrange for imparting the same
training to such promoted non-matriculate officials also and grant 1800/- GP
from 1.1.2006 to Canteen staff of Assam and Delhi Circles.

3. Filling up of Multi Tasking Staff vacancies in accordance with the
latest Recruitment rules. Filling up of Multi Tasking Staff vacancies in
accordance with the latest Recruitment rules Ref: Your office letter Directorate
memo No.45-2/2011-SPB-I dated 27.01.2011. Our Union requests your
kind attention to your office letter cited above wherein, all the Recruiting
Authorities for the Multi Tasking Staff Vacancies in the Circle were directed
to fill all the MTS Vacancies in accordance with the instructions contained
in Directorate memo No.45-2/2011-SPB-I dated 27.01.2011. The last date fixed
for completion of the process is 29.03.2011.

But, to our dismay no MMS
Division in West Bengal, Andhra Pradesh and Delhi circles
implemented those orders so far. Therefore, we request you kindly to look
into the matter and take necessary action to get all the MTS Vacancies in the
MMS Division’s of the above circles filled in without any further
delay.

5.

All India Postal Accounts Employees Association.

1. Recruitment in Postal Accounts Offices.

For the past two years this
Association is bringing this aspect to the notice of the authorities. It is
assured to make recruitment in PAOs on priority basis. Yet, there is no significant
improvement in the situation. The PSOs are working under severe shortage of
Staff. There is a need to review the situation urgently and take up the
remedial measures. It is requested to cause orders to fill up all the
vacancies through local recruitment/absorption from other departments etc. as
a onetime measure in a time bound manner.

This Association has filed a
case in the Hon. Pr.CAT, Delhi seeking
a direction to give the benefit of 2nd financial upgradation under ACP
ignoring the promotions due to up-gradation of Junior Accountant posts to
Senior Accountant. Earlier the O.A 955/210 by this Association in the similar
matter has been remitted to the authority for considering the representation
of the AIPAEA. The representation was submitted to DDG(PAF) and the same was
rejected vide the order dated 28.12.2010. This is challenged and Hon. Pr. CAT
quashed the memo dated 28.12.2010 and remitted back to the respondents for
taking a fresh decision in this regard. It is requested to honour the spirit
of the judgment in OA 1066/2011 and implement the same by giving the benefit
of 2nd financial up-gradation ignoring the promotion from Junior
Accountant to Senior Accountant cadre.

3. Financial up-gradation (ACP) as per the existing hierarchy in the
Post Accounts to the officials appointed through surplus cell.

It has come to the notice of this
Association that a few LDCs from the erstwhile National Saving Organization
allotted by the surplus cell to the Postal Accounts organization as LDC, has
been deprived of financial up gradation (ACP) as per the existing hierarchy
in the Postal Accounts. These cases may kindly be reviewed and favourable
orders issued.

6.

All IndiaPostal SBCO Employees Association

1. Regarding misutilisation of PA (SBCO)

Savings Bank Control
Organization in the Department of Post was established from erstwhile Postal
and Telegraphs Audit Office. Hence, SBCO should be regarded as an Audit Wing
of savings bank and given status equal to Postal Accounts on all aspects as
the functions and responsibilities of both are synonymous. The staff of SBCO
are recruited separately as Postal Assistants (SBCO) and trained exclusively
in control procedures. Therefore, utilization of these personnel in operative
work like reconciliation of SO SB balances by deputing them to Sub offices,
settlement of minus balances, settlement of OMs should not be resorted to.

2. Request for reevaluation of the issue of administrative control
over SBCO staff.

Request for reevaluation of the
issue of administrative control over SBCO staff Divisional heads have no in
depth knowledge in SBCO procedures and functioning of SBCO. As such, the
powers of writing of APAR should be vested again with Accounts officers ICO
(SB) as they are the next supervisory officers with full knowledge of the
functioning of SBCO branch and its procedure and the personal knowledge about
the SBCO officials.

3. Regarding maintenance of RD ledgers for HO/SOs in V2 SBCO.

In respect of decentralized
savings categories i.e RD/MIS/SCSS the roll of SBCO must be checking of
vouchers with reference to the data available in LAN Sanchay Post for timely
detection of fraudulent activities. It is therefore requested that the
maintenance of RD ledgers for HO/SOs in V2SBCO may be dispensed with.

7.

All IndiaPostal Admn. Offices’ Employees’Union, Group ‘C’ &
‘D’.

1. Fixation of pay of MTS (Group C officials) who were granted ACP –I
and ACP-II up gradation prior to 01.01.2006

Consequent upon implementation
of 6th CPC recommendation in the light of Postal Directorates latest
order No. 1-20/2008-PCC (Pt) dated18.07.2011

The MTS Group- C
(erstwhile Group D) officials who got ACP upgradation prior to 01.01.2006 had
been given MACP upgradation from 01.09.2006 ignoring their ACP up
gradations as per Postal Dte’s O.M. on MACPs dated 18.09.2009 issued on the
strength of DOPT O.M. No. 35034/3/2008-Estt(D) dated 19.05.2009 by applying
single, double or triple fixation formula as specified in the said O.M. dated
18.092009

After almost three years from
the date of effect of such MACPs to the concerned officials the Dte order no.
1-20/2008-PCC(Pt)dtd.18.07.2011 from Pay Commission Cell has been issued
which drected to give Grade Pay of Rs. 1900/- to officials who got ACP-I
prior to 01.01.2006 and Grade Pay of Rs. 2000/- to officials who got ACP-II
prior to 01.01.2006 if this order is implemented, if will cause the following
adverse effects:

a) The Pay of the sdofficials
already fixed 3 years back, is going to be reduced to a large extend and

b) Huge recovery is to be made
against each of them for no fault of their own.

2. Providing norms for BD, Technology, RTI oriented works and
Project Arrow works and Project Arrow works done by the CO and ROs and
arrangement for manning the BD Section exclusively by Circle/Regional office
staff.

Notes: No establishment norms
as per SIU standard for works relating to BD, Technology, Project Arrow and
RTI oriented works has been formulated so far our knowledge goes. It is
evident that huge work hours for disposal of those items of works have
already been created in CO/ROs but no man power to deal with the cases has
been provided due to non framing of norms to adjudge the quantum of such
work.

3. Filling up vacant Posts in the cadre of PACO, holding of DPC for
LSG, HSG-II and HSG-I Grades.

Notes: Many Circles/ Regional
Offices have been suffering from shortage of staff due to non-filling of
vacant posts in the cadre of PACO. Further for non holding of DPC in a
time bound manner, good number of posts in LSG, HSG.II and HSG.I Grade are
lying vacant causing problems for Circle and Regional offices. If those
vacant promotional posts (LSG, HSG.II and HSG.I) are filled up, it would be
resulting in more vacancies in PACO cadre.

LGO examination needs to be
held timely to keep alive the promotional prospects of MTS Group-C officials.

It is hereby notified in accordance with Article
12 of the Constitution of NFPE that the meeting of the Federal Secretariat
National Federation of Postal Employees will be held at NFPE Office, 1st Floor
North Avenue Post Office Building New Delhi-110 001 on 29th November, 2012 at 03.00 P. M. The agenda items for discussion in the
meeting are as under:

AGENDA

(1) Circle wise and union
wise review of the Strike preparation.

(2) Items to be
included in the next JCM Departmental Council Meeting to be held in December
2012.

All concerned are requested to attend the meeting.

(M. Krishnan)

Secretary General

Note: All General Secretaries
should compulsorily attend the periodical meeting. Substitutes in their place
should be arranged in the campaign meetings.

The total expenditure for the
project involving Rs.4,909 crore includes both implementation phase and
operation and maintenance phase for the IT infrastructure of Post Offices. The
IT project of the Department is a part of the Mission Mode Project (MMP)
included in the National e-Governance Plan (NEGP).

The Department of Posts has a
network of 1.55 Lakhs post offices spread across all the States and Union
Territories of the country. The key objective of the India Post IT
Modernisation project is modernization and computerization of all Post offices
in the country including branch post offices in rural areas to create a
urban-rural network spanning across the length and breadth of the country.

The IT modernisation project is
expected to give following benefits to the citizens of the country:

• Improve customer satisfaction due to faster and
more reliable delivery of services

The IT modernisation project will
provide a national asset and infrastructure for all users apart from the post
offices including various government departments, business houses and the
citizens to use the services effectively for their communication, banking,
insurance and service delivery needs. The project will improve the delivery of
mails, banking and insurance services rendered by the Post offices across the
length and breadth of the country.

For the purpose of
implementation, the IT modernisation project has been structured into 8
segments catering to IT infrastructure such as datacentre, network, computers
and peripherals, software applications which will cover all the product and
services of the Department of Posts, and change management which will help in
effective transformation into IT mode. The project will be implemented in all
the 1.55 lakh post offices in a phased manner over a time period of 2 years, to
be followed by the O&M phase over the period of contract.

The project will be rolled out to
all the post offices covering all States and Union Territories in the country a
phased manner.

Background:

The proposal of the Department of
Posts is in continuation of the proposal which was approved by the Cabinet
Committee on Economic Affairs (CCEA) on 26th Aug 2010. The overall project has
been segregated into eight RFPs, of which, selection of vendors have been
finalized in case of 5 RFPs and LOIs have been issued. Of these 5 RFPs, in four
cases the contracts have been signed with the selected bidders. In respect of
two RFPs the financial bids have been opened and selection of the bidder is
under process.

STATE GENERAL
SECRETARIES OF CONFEDERATION AND CIRCLE SECRETARIES OF AFFILIATED ORGANISATIONS
TO CONFEDERATION ARE REQUESTED TO TAKE OUT COPIES OF THE THREE LETTERS AND
ORGANISE MEETING THE L OCAL MPs - STATE POLITICAL PARTIES AND STATE COMMITTEES
OFNATIONAL PARTIES AS WELL AS STATE ORGANISATION OF CENTRAL TRADE UNIONS,
SEEKING THEIR INTERVENTION AND SUPPORT TO OUR 12.12.12 STRIKE

ALL DISTRICT LEVEL
ORGANISATIONS ARE REQUESTED TO MEET THEIR LOCAL MPs AND SEEK THEIR SUPPORT TO
OUR STRIKE

The Confederation of Central Government employees and workers, the apex level
organisations of Associations/Federations/Unions of CG employees other than
those working in the Railways and Defence had to take a decision to call upon
its members to organise a day's strike on 12thDecember, 2012 due to the persisting
nugatory attitude of the Government in settling the long pending
demands. The Government has almost shut down all negotiation in the
JCM forum in so far as employees of the departments who we represent are
concerned. The Departmental Council meetings are not convened for
decades; with the result none of the issues could be even discussed.

The demands inter alia include the scrapping of the new pension scheme;
withdraw the PFRDA Bill; reintroduce the universal Public distribution system
to help out the workers and other poor people; stoppage of outsourcing and the
consequent contractorization; regularisation of the casual and contingent and
daily rated workers and the Grameen Dak Sewaks whose number has increased
phenomenally in the last two decades; setting up the 7th CPC
for wage revision which has become due on 1.1.2011(having completed 5 years
since the last revision in 2006); removal of the arbitrary restrictions on
compassionate appointments; revival of the negotiating forum i.e. JCM etc. We
send herewith an explanatory Note on these demands in pursuance, of which we are
organising the strike on 12th December, 2012.

We shall be grateful for your support and solidarity to make our struggle
successful. We shall also be thankful if you will kindly take up our
demands with the Government for settlement.

Thanking you and with greetings,

Yours fraternally,

K.K.N. Kutty

Secretary General.

UNLEASH A CAMPAIGN ON 15 POINTS OF CHARTER OF
DEMANDS

TAKE PRINT OUTS OF THE DETAILED EXPLANATORY
NOTE ON THE DEMANDS

TRANSLATE THE MATERIAL IN REGIONAL LANGUAGES
AND CIRCULATE TO EACH AND EVERY WORKER

LAUNCH NATIONWIDE STRIKE ON 12.12.12

CONFEDERATION OF
CENTRAL

GOVERNMENT EMPLOYEES
AND WORKERS

Dated: 20thDecember,
2012

EXPLANATORY
NOTE ON DEMANDS

Item No. 1. Revision
of wage with effect from. 1.,01..2011.

The present wage structure of the Central Govt. Employees has been made
on the basis of the 6thCentral Pay Commission's recommendations. The
6thCPC introduced a new concept in the form of Pay band and Grade Pay.
The recommendations of the Commission were implemented with effect from
1.1.2006 in the case of Pay and in the case of allowances with effect from 1.9.
2008. In the case of Central Public Sector undertakings, the wage
revisions normally takes place after every five years. The 5thCPC in the
case of Central Government employees recommended wage revision in every 10
years. In the past wage revision has been linked to the extent of erosion
of real wages. The degree of inflation in the economy determines the pace
of erosion of the real value of wages. The retail prices of those
commodities which go into the making of minimum wages have risen by about 160%
from 1.1.2006 to 1.1. 2011, whereas the D.A. compensation in the case of
Central Government employees on that date had been just 51%. It is also
an acknowledged fact that the 6thCPC had
computed the minimum wage by suppressing the retail price of these commodities
in the market on the specious plea that official statistics of the retail
prices of these commodities were not available. They therefore, computed
the retail price by increasing the wholesale price by 20% for each of the commodity
whereas the actual retail price in the market was 60% more than the wholesale
price. While in the case of Group B,C & D employees, the Commission
applied a multiplication factor of 1.86 for arriving at the revised pay
structure, in the case of Group A Officers, the factor was ranging from 2.36 to
3 times. In the matter of fitment formula also, unlike recommended by the 5thCPC, the 6thCPC adopted
varying percentages whereby the officers in Group A were given rise extending
from 42 to 49%, whereas the employees in Group B,C,D were granted only 40%.
While implementing the Commission's recommendations, the Government further
accentuated the discrimination further. The recommendations of the 6thCPC when
implemented gave rise to very many glaring anomalies. They were assured to be
looked into and settled through negotiations in the JCM. The effectiveness of
JCM as a potent forum to settle issues has been eroded over the years. Thus,
though the National Anomaly Committee met 4-5 times, it could not settle any
major issues.

The minimum wage determined by the 6thCPC was
at a far lesser amount than what an unskilled worker is entitled
to. Morevoer, the Commission assigned the so determined minimum wage to
be the wage of a skilled worker.. It excluded persons below
matriculation qualification from the purview of Government employment. In
a country where one third people are illiterate, such controversial
recommendations have only gone to absolve the State from its solemn
responsibility to provide employment to the persons at the lower strata of the
society. The wage structure evolved by the 6thCPC deviated
drastically from the concepts emerged from the deliberations over decades in
the matter of wage determination of civil servants and is beset with
innumerable anomalies necessitating a thorough overhaul , which can only be
attempted by setting up another Commission with appropriate terms of
reference.

The Grameen Dak Sewaks were excluded from the purview of the 6thCentral Pay
Commission as the Postal Department took an erroneous view that they are not Central
Government employees. The 4th CPC had
categorically stated that they ought to have been included within the purview
of the Commission's jurisdiction but chose to go by the Postal Department's
decision ultimately. the GDS constitute the largest chunk of the Postal
Workers. The exclusion of GDS from the purview of the Pay Commission
being unjust, discriminatory and bereft of any logic, the next Pay
Commission when it is set up must have the jurisdiction to recommend on
wage structure and service conditions of the GDS.

Wage revision in all public Sector undertakings through Collective
bargaining takes place once in five years. On the same analogy, the wage
revision of the Central Government employees must be after every five years and
the Government must therefore set up the 7thCPC
immediately.

Item No. 2. Merger of
DA with pay:

The wage revision of the Central Government employees had always been
through the setting up of Pay Commissions. Since the wage revision
exercise involves inquiring into various aspects of wage determination and
service conditions of the Government employees the Government had been
appointing Pay Commissions for it was considered a better suited system.
Such inquiry through setting up of Commissions had been a time
consuming process. The 3rd, 4thand 5thCentral Pay
Commissions had taken more than three years to submit their reports. The
6thCPC however, submitted its report in the time frame provided to it i.e.
18 months. Since the earlier Commissions had covered many aspects of the
principles of wage determination and the periodicity of such revision had come
down, the exercise might not now require a longer period of time as was
the case earlier Even then the Commission will have to be given a
reasonable time frame to go into the matter judiciously for the 6thCPC
recommendations when implemented has given rise to large number of anomalies
and cadre reated grievances. The methodology adopted for compensating the
erosion in the real value of wages in the in the interregnum period had always
been though the mechanism of merger of a portion of DA. The 5thCPC had
recommended that the DA must be merged with pay and treated as pay for
computing all allowances as and when the percentage of Dearness compensation exceeds
50%. Accordingly even before the setting up of the 6thCPC the DA to
the extent of 50% was merged with pay. It is pertinent to mention that even
this benefit was denied to the GDS. As on 1.1.201, the Dearness
compensation was 65% The suggestion for merger of DA to partially compensate
the erosion in the real wages was first mooted by the Gadgil Committee in the
post 2ndPay Commission period. The 3rdCPC had
recommended such merger when the Cost of Living index crossed over 272 points
i.e. 72 points over and above the base index adopted for the pay
revision. In other words, the recommendation of the 3rdCPC was to
merge the DA when it crossed 36%. The Government in the National Council JCM at
the time of negotiation initially agreed to merge 60% DA and later the
whole of the DA before the 4thCPC was set
up. The 5thCPC merged 98% of DA with pay. It is,
therefore, necessary that the Government takes steps to merge atleast 50% of DA
with pay to compensate the erosion of the real value of wages
immediately.

Item No. 3.
Compassionate appointments

On the plea of a Supreme Court directive, Govt. introduced a 5% ceiling
on the compassionate appointments. When the matter was taken up by the
Staff Side in the National Council the Government was unable to produce any
such direction of the Supreme Court.. Despite that, the official side refused
to withdraw the said instructions limiting the appointments to 5% of the
available vacancies. In one of the National Council meetings, presided
over by the Cabinet Secretary solemn assurance was given to the Staff Side that
the issue will be revisited in the light of the discussion, but nothing
happened thereafter. It is pertinent to mention in this connection that
the compassionate appointments in the Railways continue to be operated without
any such ceiling. In the Department of Posts hundreds of candidates
selected by Selection Committee were denied jobs. The list of selected
candidates was scrapped. These candidates approached the Court and obtained a
favourable order.But the Court directive was not acted upon. The Government
has chosen to dilly dally by filing SLP in the Supreme Court. When the
Central Administrative Tribunals were established, it was with the intent of
expeditious settlement of disputes on service matters. Even recently the
Prime Minister's office ordered that it would not be open for various
Ministries to appeal against the orders of the Tribunal as a matter of course
and efforts must be to explore the ways of acceptances of the judgements of the
Tribunal. In the light of this directive, the SLP ought to have been
withdrawn.The standing Committee on Department of Personnel in one of their report
has termed the scheme of Compassionate ground appointments as a sacred
assurance to a fresh entrant that if he dies in harness, his family shall not
be left in lurch. Such an assurance is being breached by the provisions
of limiting such appointments to 5% of vacancies. This
condition, therefore, must be done away with.

Item No. 4(a).
Absorption of GDS as regular postal employees

The postal Department employs the largest number of Government employees,
next to Railways and Defence. Nearly half of its workforce is
called the Grameen Dak Sewaks, the new nomenclature given for the Extra
Departmental Agents. The system of EDAs was evolved by the British
Colonial Government to sustain a postal system at a cheaper cost especially in
rural areas. Despite the enactment of very many legislations to prohibit
the exploitation of workers, the Government continued with this system.
No doubt in the post independent era, at the instance and persuasion of the
Unions of regular employees, certain benefits were accorded to them. Till 1963,
the GDS or the Extra Departmental Agents were treated as Government employees
and were covered by the service conditions applicable to civil
servants. However, the Department of Post reversed this
position thereafter and contended that they are not Central Government
employees. The Honourable Supreme Court in 1977 declared that they are holders
of Civil Posts. Justice Talwar Committee appointed by the Govt. to look
into the issues pertaining to GDS declared that the GDS are holders of Civil
posts and all benefits similar to regular employees must be extended to
them. However, the Government did not accept this recommendation of the
committee which they themselves set up. On the specific suggestion of the
Postal Department, the Government set up a separate Committee called the
Natarajamurthy Committee to go into their service conditions and suggest
improvement on the lines of the recommendations of the 6thCPC.
The recommendations of this Committee were totally disappointing and the GDS in
the post 6thCPC era is worse of. Instead of utilising the
service of GDS for the welfare schemes of the State in rural areas by
converting them as regular employees, the Department caused injustice to them
by acting upon the recommendations of the Natarajamurthy Committee.
Recently, the Postal Department has decided that the
vacancies in the Cadre of Postmen, and MTS would not be fully made available
for promotion to the GDS and an element of open direct recruitment has been
introduced. This has decelerated the meagre chance of the GDS being a
regular Postal employee further. In order to ensure that their grievances
are properly addressed, the Postal Department must be directed to earmark all
the existing vacancies in the cadre of Postmen and MTS to the eligible GDS for
promotion and a scheme is evolved to absorb the GDS as regular full time
Government employees.

Item No. 4(b)
Regularisation of daily rated workers.

Regularisation of Casual/Contingent/daily rated workers.

Due to the ban on creation of posts and recruitment of personnel that
continued for a very long period and the consequent strain on the existing workers,
many Departmental heads had to recruit personnel on daily rated basis or as
casual workers. Thus,almost 25% of the present workforce in Governmental
organisations are casual workers deployed to do the permanent and perennial
nature of jobs, contrary to the prohibition of such unfair labour practices by
the law of the land. In Fifties and Sixties, even the casual workers who had
been employed to do the casual and non perennial jobs used to get priority for
regular employment as and when vacancy for such permanent recruitment
arises. Thousands of persons are now recruited as casual workers and kept
as such for years together. They are paid pittance of a salary with
no benefits like provident fund, dearness allowance, other compensatory
allowances etc. In order to ensure that they do not get the
benefit of regularisation, these workers are technically discharged for a few
days to be employed afresh again. The modus operandi differs from one
department to another. While in some organisations, they are recruited
through employment exchanges in others the functions are contracted
out. Not only the quality of work suffers but it is also an inhuman
exploitation of the workers given the serious situation of unemployment that
exists in the country. While the permanent solution is to sanction the
necessary posts and resort to regular recruitment, the Government
should evolve a scheme by which these casual/contingent/daily rated workers are
made regular workers with all the concomitant benefits available for regular
Government employees. Pending finalisation of such a scheme for
regularisation, the non regular employees recruited for meeting the exigencies
of work must be paid pro-rata salary on par with the similarly placed regular
employees on the principle of equal pay for equal work.

Item No.5.
Functioning of the JCM.

It was in the wake of the indefinite strike action of 1960, the JCM was
set up as a negotiating forum to expedite settlement of demands and problems of
employees. On the pretext of the promulgation of the new CCS(RSA)Rules, most of
the departments suspended the operation of the Departmental Councils.
Even after complying with the requisite formalities, in many departments,
Associations/Federations are yet to be recognized. Wherever the
recognition process was completed and orders issued granting recognition, no
meetings of the Departmental Councils are held. Inspite of raising the
issue in the National Council on several occasions by the Staff Side, nothing
tangible has been done to ensure that the councils are made functional.

The National Council is, as per the scheme, to meet once in four
months. It meets after several years, the system of concluding on the
agenda in the meeting in which it is raised has been totally abandoned with the
result that number of issues have been kept pending for indefinite period of
time. The non- functioning of the Council and the consequent non-
redressal of grievances has led to agitations including strike action in many
departments. The 6thCPC recommendations were given effect to in
September, 2008. The anomalies arising therefrom (which is in large
numbers) ought to have been settled as per the agreement by Feb,. 2010.
Barring one or two items, no settlement has been brought about on a large
number of anomalies till date.

In the wake of the General Strike action on 28thFeb. 2012, the
Joint Secretary (Estt.) in the Department of Personnel wrote in her
demi-official communication addressed to all Secretaries of the Government of
India as under, which is contrary to facts but also misleading too.

"Joint consultative machinery for Central Government employees is
already functioning. This scheme has been introduced with the object t of
promoting harmonious relations and of securing the greatest measure of
co-operation between the Government, in its capacity as employer and the
general body of its employees in matters of common concern, and with the object
further of increasing the efficiency of the public service. The JCM at
different levels have been discussing issues brought before it for
consideration and either reaching amicable settlement or referring the matter
to the Board of Arbitration in relation to pay and allowances, weekly hours of
work and leave, wherever no amicable settlement could be reached in relation to
these items."

The forum of Departmental Councils must be immediately revived in all
Departments and made effective as an instrument to settle the demands of the
employees. The periodicity in which the meeting of the National Council
is to be held must be adhered. The Department of Personnel, which is the
nodal department for ensuring the functioning of the negotiating machinery must
monitor the functioning of the Departmental Councils of various Ministries and
Departments and a report placed in the National Council. The Cabinet
Secretary, who is the Chairman of the National Council, is required to ensure
that the Council meetings are convened once in four months and the issues
raised therein settled in a reasonable time frame.

Since the grant of recognition to Service Association is a pre requisite
for the effective functioning of the negotiating machinery, the Ministries must
be asked to process the application and take decision in the matter
within a fixed time frame as the recognition rules have come into existence in
1993 that is about a decade back.

Item No. 6. Remove the
ban on recruitment and creation of posts

In 1993, the Government of India introduced a total and blanket ban on
creation of posts. This was with a view to reduce the manpower in the
Governmental establishments, for on implementation of the neo liberal economic
policies, the Government will be required to close down some of its activities
and some others to be shifted to the private domain. In 2001, theGOI issued an executive instruction modifying the complete ban on
recruitment that was in vogue whereby various departments, if they so desire,
resort to recruit personnel to fill up the existing vacancies, provided
they abolish 2/3rdof such vacancies. In other words, the
concerned heads of Departments will be permitted to fill up 1/3rdof the
vacancies provided they abolish the 2/3rdvacancies
permanently.

Since it was impossible to carry on the functions assigned to the
Departments with large number of vacant posts, they had to implement the above
cited directive of the Department of personnel, which was meant to arbitrarily
reduce the manpower especially in Group C and D segments. Though the
directive was to be applied uniformly to all cadres where direct entry is one
of the mode of recruitment, not a single Group A. post was abolished as
most of the departments offered to do away with Group C and D posts
even in the place of require Gr.A posts. Since direct recruitment is seldom
resorted to in Group B cadres, the brunt of the burden of the above cited
instruction had to be borne b y the Group C and D cadres in
each department. The said directive remained operative for nearly a
decade i.e. upto 2010. Such abnormal and arbitrary abolition of posts
affected very adversely the functioning of many departments consequent upon
which the public at large suffered immeasurably, besides accentuating the
unemployment situation to alarming proportion. To cope up with the
genuine complaints of the public, most of the heads of Departments had to
resort to either outsourcing of the functions or engaging contract workers. The
Govt. encouraged this endeavour by providing unlimited funds. In the
circumstances, it is imperative that the sanctioned Strength as on
1.01.2001 is restored and the consequent vacancies filled up by a special drive
for recruitment.

The Government has a time tested and scientific system of assessing the
workload and measuring the manpower requirement. This seems to have been
presently abandoned and the vacancies barring in a few cases are not
being filled up. Even though there had been phenomenal increase in the
workload in each department no new posts are created to cope up with the
situation. The 6thCPC dealing with the subject has recommended that
such ban on creation of posts for a long period is not desirable and the
Departments should be empowered to create the need based posts for its
effective functioning. The commensurate posts that are needed to cope up with
the increasing workload must be sanctioned and recruitment of personnel
resorted to so that the assigned functions of each department could be carried
out effectively and efficiently.

Item No. 7.
Downsizing, outsourcing, contractorisation etc.

To overcome the difficulties emanated from the total ban on recruitment
and creation of posts and more specifically impacted by the 2001 executive fiat
of the Govt. of India in the matter, many departments had to resort to
outsourcing of its functions. Some were virtually closed down and a
few others were privatised or contractorised. The large scale
outsourcing and contractorisation of functions had a telling effect on the
efficacy of the Government departments. The delivery system was adversely
affected and the public at large suffered due to the inordinate delay it caused
in getting the requisite service.. The financial outlay for
outsourcing of functions of each department increased enormously over the
years. The quality of work suffered. In order to ensure that the
people do get a better and efficient service from the Government departments
and to raise the image of the Government employees in the eyes of the
common people, it is necessary that the present scheme of outsourcing and
contractorisation of essential functions of the Government must be
abandoned.The practice of outsourcing and contractorisation is nothing but a
cruel exploitation of the alarming situation of unemployment.
The system of outsourcing of the functions seeks to informalise the
workforce. The contract/casual workers get not even one third
of the salary of the regular work force. They have no social security
benefits like pension, provident fund gratuity etc. The CG employees
fought against the temporary service rules which was in vogue in sixties
and ensured that the recruitment to Government service is permanent and the
civil servants are not allowed to be fired at the whim and fancy of their
bosses. The outsourcing and contractorisation has paved way for large
scale entry of casual workers and has resulted in the reversal of what all
achieved in this direction through struggles in the past two decades.

Item No. 8. Stop price
rise and strengthen PDS.

The abnormal and phenomenal increase in the prices of essential
commodities is an acknowledged fact. The pursuance of the new economic
policies and consequent withdrawal of the universal public distribution system
had been per se the reason for such unbearable inflation. The universal
PDS which was evolved to protect the food security of common people was an
effective instrument not only to arrest inflation but also to ensure that no
Indian dies of hunger. Government employees even at the lowest wage
structure i.e. the Group D and C employees are presently precluded from the PDS
as their meagre wages itself is considered to be above the benchmark of
"Below Poverty Line". They are to depend upon the open
market for even essential food items, which with their meagre income they are
unable to access. It is, therefore, necessary that the universal PDS as
was in vogue must be brought back as the market forces have failed to arrest
inflation and price rise of essential food items.

Item No. 9.Introduction of PLB and removal
of ceiling limit.

Barring the Railways, Defence production units and Postal Department,
Bonus is paid to the Central Government employees on adhoc basis. The 30
days adhoc bonus is the maximum that is provided to them. The 4thand
5thCentral Pay Commissions had recommended the introduction of
productivity linked bonus scheme to all Departments as is presently the case in
the three Departments mentioned above. Even the scheme of PLB is not uniform in
as much as the Postal Department introduced a ceiling on the entitled number of
days of bonus whereas no such ceiling exist either in the Railways or in the
Defence Production organisations. The Government is yet to
implement these recommendations even though several rounds of discussions on
the subject were held. There is no reason whatsoever, as to why this
recommendation could not be implemented. There had been no rise in the
adhoc bonus for past a decade even though there had been considerable amount of
increase in the case of PLB over the years. The Department of
Personnel and Expenditure may be advised to finalise the PLB scheme without
further delay for those who are in receipt of adhoc bonus.

Even though Bonus Act is said to have no application or relevance to the
Productivity linked Bonus or adhoc bonus, the provisions of the said Act is
employed to deny the entitled bonus to the Government employees on the basis of
their emoluments. The bonus entitlement in both the cases is restricted
to the computation based on the notional emoluments of Rs. 3500, while the Postal
Department went one step ahead and declared that in the case of GDS, it would
continue to be Rs. 2500.The injustice meted out to the GDS in the matter by the
Postal Department is highly deplorable. Presently even a casual
worker is entitled to get a monthly wage of more than Rs. 3500. The
minimum wage as on 1.1.2006 determined by the 6thCPC in respect
of Central Government employees is Rs. 7000. By artificially
linking the restriction of emoluments stipulated by the Bonus Act, the
employees are denied their legitimate entitlement of Bonus. The
Bonus entitlement must be computed on the basis of the actual emoluments of an
employee.

Item No. 10. Revising
OTA and Night Duty allowance rates:

Overtime allowance is seldom given to the Government employees. In
case of emergency and in the contingency in which the work cannot be postponed,
like that happens in the RMS division of Postal Department, in the Atomic
Energy Commission offices or when the Parliament is in session in other
administrative offices, employees are asked to do work beyond the stipulated
working hours. The Night duty allowance is provided to the employees who
are asked to work in the night shifts with certain stipulated conditions.
The 4thCPC recommended that since there had been considerable misuse of the
provisions relating to the grant of OTA, the Government should find alternative
methods to compensate the employees who are asked to work on over time and
pending such a scheme being evolved recommended not to revise the rates.
However, the Govt.did not bring in any new scheme but issued the directive that
the OTA and Night duty allowance will be paid to the employees who are called
upon to do overtime or night duty on the basis of the 4thCPC pay
structure. This directive is still in vogue. On quite a number of
occasions, the Staff Side pointed out the irrationality of the directive of the
Government in as much as a person engaged for managing the excess work
from outside gets better emoluments than the over time allowance granted
to the regular employees. The Government refused to reach an agreement in
the National Council on this issue. When the Staff side pressed, the
Government came forward to record disagreement and refered the matter to
the Board of Arbitration under the JCM. Scheme. The Board of Arbitration
having found the unreasonable position taken by the Government gave out the
award in favour of the staff and directed the Government to revise the order
whereby the allowance will be linked to the actual pay of the Government
employees. The Govt. did not accept this award and has approached the
Parliament for the rejection of the same. The matter has not yet been
placed in the form of a resolution in the Parliament. Despite the fact
that the employees had been abiding by the directive of their superiors to be
on overtime/night duty, and despite having won the case before the Board of
Arbitration they continue to be compensated on the basis of the Notional pay as
in 1986. There could not have been a much bigger injustice meted out to
the employees. The Government must accept the award of the Board and
issue instructions linking the allowance to the actual pay of the
employee.

Item No.11.Arbitration Awards.

There are about 17 awards of the Board of Arbitration given in favour of
the employees. On the plea that the implementation of these awards would
result in heavy financial outflow, the Govt. has moved resolutions in the
Parliament for the rejection of these awards. The fact is that the
financial burden on account of acceptance of these awards is meagre. The
figures quoted by the official side included the arrears that have become due
to the delay in taking decisions. The financial implication is normally
computed as a total outlay for a period of a year. The official side has
in fact only tried to mislead the Parliament in order to obtain a rejection of
the award. A few years back, the staff side agreed to alter
the date of implementation of these awards in order to reduce the financial
implication. The official side discussed the issue on several occasions
but did not conclude with the result that these awards are still pending
acceptance of the Government. It is rather unethical and untenable that
the Government has chosen to invoke the sovereign authority of the Parliament
to deny the legitimate dues of its own employees. Prior to 1998, the
Government has not chosen to approach the Parliament once the award is given in
favour of the employees and implemented every one of them except in a very few
cases. The Government must accept these awards and implement
the same for such a direction will bring in confidence in the efficacy of the
negotiating forum and a sense of reasonableness in the decision making process.

Item No. 12. Right to
strike

Article 309 of the Constitution makes it incumbent upon the Government of
India and the Provincial Governments to make enactments to regulate the service
conditions of the civil servants. However, till date no such enactment
has either been moved or passed by the Parliament.. The transitory
provisions empowering the President of India to make rules till such time the
enactment is made has been employed to regulate the service conditions of the
Government employees. Once recruited as an employee, the ILO's
conventions provide all trade union rights. India is a signatory to those
conventions. Despite all these legal and moral obligations on the part of the
Government, the Government employees continue to be denied the right to
collective bargaining. No negotiation is worth the meaning, if the
employees have no right to withdraw their labour in case of a non-satisfactory
agreement on their demands. It is this legal lacuna which was employed by
the Supreme Court to justify the arbitrary dismissal of lakhs of employees by
the Tamilnadu State Government when they resorted to strike action. In
the judgment delivered by the Supreme Court, it was observed that the
Government employees do not have any legal, fundamental or moral right to
resort to strike action. The entire section of the Indian Working Class
enjoys the right to strike and an effective collective bargaining system except
the Government employees. The denial of the right to strike to Government
employees was employed by the British Colonial Rulers as part of the scheme to
subjugate the Indian people and to shut out any probable dissenting views
within the Governmental machinery. To continue with the same
concept is to infer that the Sovereign Republic of India want to follow
the archaic rules and regulations conceived by colonial rulers perhaps with the
same intent. We therefore urge that necessary legislation affording the
right to strike to Government employees may be made in the Parliament.

Item No. 13 :Career
progression: Grant five promotion in the service career.

For the efficient functioning of an institution, the primary
pre-requisite is to have a contended workforce. It is not only the
emoluments, perks and privileges that motivate an employee to give his best.
They are no doubt important. But what is more important is to provide
them a systematic career progression. The present system of career progression
available in the All India Services and the organised group A Civil services
attracts large number of young, talented and educated persons to compete in the
All India Civil Service Examination. No different was the career
progression scheme available in the subordinate services in the past.
Persons who were recruited to subordinate services were able to climb to
Managerial positions over a period of time. The situation underwent vast
changes in the last two decades. In most of the Departments, stagnation has
come to stay. It takes decades to be promoted to the next higher grade in
the hierarchy. It was the recognition of the lack of promotional avenue
in the subordinate services that made the 5thCPC to
recommend a time bound two career progression scheme. However, this
has not gone to address the inherent problem of de-motivation that has crept in
due to the high level of stagnation. In most of the Departments, the
exercise of cadre review which was considered important was not carried out.
Any attempt in this regard was restricted to Group A services. The
discontent amongst the employees in the matter is of high magnitude
today. It is, therefore, necessary that every Department is asked to
undertake to bring about a cadre composition and recruitment pattern in such a
manner that an employee once recruited is to havefive
hierarchical promotions in his career as is presently the position in the All
India Services and in the organised Group A services.

Item No.14: Scrap the
New Pension Scheme

The defined benefit scheme of pension was introduced replacing the then
existing contributory system decades back. . The Government decided to
reconvert the same into a contributory scheme on the specious plea that the
outflow on pension had been increasing year by year and is likely to cross the
wage bill. By making it contributory, the Government expenditure on this score
is not likely to get reduced for the next four decades because of
the reason that as per the announced scheme, the Government is to contribute
the same amount to the fund as the employees make. Coupled with this
stipulation the Government is also duty bound to make payment for the existing
pensioners and for all Central Government employees who were in service prior
to 1.1.2004. The contribution collected from the employees who are
recruited after 1.1.2004 is to be managed by a mutual fund operator for
investment in the stock market. It is the vagaries of the stock market
which will then determine the quantum of pension or in other words annuity,
which would not be cost indexed. Before the introduction of the new
scheme and the PFRDA bill, the Government had set up a committee under the
chairmanship of Shri Bhattacharya, the then Chief Secretary of the State of
Karnataka. The bill was unfortunately drafted and presented to the Parliament
disregarding even the recommendation of the said committee to the effect that
the Govt. should consider introducing a hybrid system by which the employees
will have either a defined benefit pension or opt for a
higher return through stock exchange investments. Despite the non-passage
of the bill and the consequent absence of a valid law to support the Pension
Regulatory authority, the Govt. converted the existing pension scheme into a
contributory one through executive fiat and invested a percentage of the fund
so generated from the employees' contribution in the Stock market.
India is a young country and the expenditure on statutory pension has remained
over a long period not more than 5% of GDP which the country/Government can
afford to spend. The withdrawal of PFRDA bill is required for the following
solid reasons:

(a)The new
pension scheme is going to make social security in old age uncertain and
dependent on market forces.

(b)The scheme has
been compulsorily imposed on a section of employees and hence it is
discriminatory.

(c)Such scheme
had been a failure in many countries including Chile, UK and even USA. In
USA entire pension wealth has been wiped out leaving pensioners with no
pension. In Argentina the contributory scheme which was introduced at the
instance of IMF was replaced with the defined benefit pension scheme.

(d)The PFRDA Bill
has provisions empowering the Govt. and the Authority to cover employees now
left out and to amend the existing entitlements of pension benefits.

(e)In majority of
the countries, "pay as you go" is the system of
pension.

(f)The
contributory scheme does not give any guarantee for a minimum pension of 50% of
the pay drawn at the time of retirement of the employee. Nor does it provide
for the protection of his family members in the form of family pension in
the event of death.

The Supreme Court had declared pension as one of the fundamental rights.
The government should therefore retrace from its avowed position, which is
detrimental to the interest of the employees and ensure that the employees
recruited after 1.1.2004 is covered by the existing statutory defined benefit
scheme and withdraw the PFRDA bill from the Parliament.

The recent decision of the Cabinet to allow FDI in pension fund
operations has made the real intent of the PFRDA bill unambiguously clear. The
FDI will facilitate the mutual fund operators to invest the funds outside India
thereby making Indian Savings available for development of a foreign country.
It is now clear that the decision behind the contributory pension scheme was
the pressure imposed by imperialist powers and more specifically IMF. It
has, therefore, to be opposed at all cost and with vehemence. The Govt.
must not be allowed to go ahead with its intention of induction of FDI in
pension fund companies. The one day strike on 12thDecember, 2012
must be seen as a beginning of the sustained and incessant struggles in the
days to come.

Item No. 15.Vacate All
Trade Union victimisation

The Central Government employees are alarmed and distressed over the
spree of vindictive actions pursued by various Accountant Generals against the
employees of the I A & AD Department. More than 12000 employees have
been proceeded against under Rule 14 or 16 of the CCS (CCA) rules. The resort
to such vindictive action has been taken by the Administration of the
Comptroller and Auditor General of India for the simple reason that the
employees together decided to be on mass casual leave demanding the vacation of
victimization of the Union functionaries in Kerala, Rajkot, Gwalior, Kolkata,
Nagpur, Allahabad etc. The very fact that large number of employees
participated in the Mass Casual leave programme is indicative of the fact of
the growing discontent against the highhandedness of the Administration.

The authorities in the IA & AD have not been permitting the genuine
trade union activities for the last several years. No meeting of the employees
is allowed if the same is held under the auspices of the recognized
Associations, whereas permission to hold cultural shows even during office
hours are granted. In the name of discipline, dissenting voice, howsoever
genuine they are, is not being tolerated. Despite repeated pleas made by the
All India Audit and Accounts Association, the Comptroller General of India did
not deem it to fit to intervene and set right the high handed behaviour of the
Accountant General Kerala. On his promotion as Principal Accountant General, he
was transferred to Hyderabad, where, as per the report, he has continued with
his intolerant attitude towards the Association. Permission to hold the General
Body meeting, a constitutional requirement and a necessity to abide by the
stipulations made by the CCS (RSA) Rules, 1993, was denied to the recognized
Association in Andhra Pradesh. The General Secretary and other office bearers
of the Association have been proceeded against under Rule 16 for holding the General
Body meeting during lunch break.

In
the background of this unprecedented situation and the blanket ban instituted
by the authorities to hold any meeting within the office premises we appealed
to the Honourable Prime Minister to intervene in the matter and
direct the concerned to hear the grievances of the employees and settle the
same in an amicable and peaceful atmosphere. We also requested that In order to
create a conducive atmosphere for talks, the authorities may be asked to
withdraw all punitive and vindictive actions against the employees who had gone
on Mass casual leave as a means of protesting against the inordinate delay in
settling issues and to give vent to their feeling of anger. Not only no action
has been initiated by the C&AG in this direction but the vindictive
attitude of the Accountant Generals continue to persist. The Government is
required to interfere and bring about a peaceful atmosphere in this prestigious
institution.